What is the difference between a OUI, DUI, DWI, OWI, DWAI,
OUIL, etc.?

These terms are all acronyms that refer to the offense commonly known
as "drunk driving." Different states have different names for the
crime.
Massachusetts law prohibits "operat[ing] a motor vehicle
. . . while under the influence

" s

o many people
use the term OUI. The statute title refers to "driving while under
influence" which could be referenced as DWUI, DWI or DUI. MGL Chapter 90,
Section 24. This site uses the terms OUI, DUI, and DWI interchangeably.

I just got arrested for a Commonwealth of Massachusetts OUI offense. What happens now?

ISSUE ONE:
The Massachusetts Administrative License Suspension Proceeding: Your
Massachusetts drivers license (or your right to drive in Massachusetts if you're not a
Massachusetts
licensed driver) was most likely suspended for anywhere from 30 days to five
years
for failing or refusing a chemical test depending on your OUI history.
[Failing a breath test is registering .08 percent or greater BAC or registering
.02 percent or greater BAC if you're under 21 years of age.]

MASSACHUSETTS ADMINISTRATIVE LICENSE
SUSPENSIONS FOR PERSONS 21 YEARS AND OLDER

No Prior OUI's

One Prior OUI

Two Prior OUI's

Three + Prior OUI's

Test Failure

30 days

30 days

30 days

30 days

Test Refusal

180 days

Three years

Five years

Lifetime

Read your paperwork
carefully. If you would like to challenge the suspension for failing or
refusing a chemical test, you must make you appeal within 15 days of your
arrest. Requesting an appeal gives you a chance to overturn the
administrative suspension, but most appeals are not successful. Contact a Massachusetts lawyer for more information about your
appeal rights.

∭

ISSUE TWO:
The Massachusetts OUI Criminal Case: Separate from the
administrative license suspension is the criminal charge
for operating under the influence or OUI.
In Massachusetts, it is unlawful for any person to
operate a motor vehicle while the person:

has a
BAC of .08 percent or greater of alcohol in his or her blood; or

is under
the influence of intoxicating liquor, or marijuana, or narcotic
drugs, or depressants, or stimulants, or the vapors of glue.

Important: The administrative license suspension and the criminal
OUI case are separate proceedings.

Will my Massachusetts driver license be revoked / suspended?

RELATED TO ISSUE ONE ABOVE: Your Massachusetts driver license (or
your right to drive in Massachusetts if you do not have a valid Massachusetts
license) may be suspended for failing or for refusing a
chemical (breath) test. Again, you may challenge this
suspension by requesting an appeal / hearing within 15 days of the date of your
arrest. Massachusetts no longer issues temporary permits for these
suspensions.

∭

RELATED TO ISSUE TWO ABOVE: If you are convicted of the OUI charge, you will also lose your license (or
your right to drive in Massachusetts if you don't have a valid Massachusetts license).
This suspension is distinct from the administrative license suspension. Talk to your
Massachusetts OUI lawyer for possible suspension lengths for your situation.

∭

Also keep in mind that
your license can be suspended for a variety of reasons unrelated to an OUI arrest
e.g. a drug conviction, failure to pay child support, etc.

I have a Massachusetts commercial driver license
(CDL). How long will my CDL be suspended for an OUI conviction?

For a first OUI conviction in Massachusetts your CDL will be suspended for one
year (regardless of whether you're driving a commercial vehicle). For a
second DWI your CDL will be revoked for the rest of your life.

What happens if I get caught operating on a suspended license?

Driving a motor vehicle when your license is suspended for
an OUI conviction must be avoided as it is a
new criminal offense.
Penalties include fines and substantial jail time--typically 60 days. If you're on probation
for an OUI and you get caught operating under a suspension you will also violate
your probation and face penalties for the probation violation as well.

I really need to drive. Will I be able to get a
restricted / occupational / conditional / probationary / hardship permit?

A hardship permit may be available to you but only after you've
been found guilty or had a continuance without a finding (more on that below).
Put another way, a hardship license is not available for suspensions related to
failing or refusing a breath or blood test while the criminal case against you
is pending.

This is one reason why persons charged with a first OUI offense may decide to
resolve their case without a trial. It allows you to get back on the road
quicker (especially if you refused the breath test).

You may be able to
get a hardship permit following a second OUI conviction; however, there will be
a substantial waiting period before you become eligible. Additionally, you
will have to install an ignition interlock device in your vehicle.

Talk to a OUI lawyer for more information about obtaining a hardship permit and
the waiting periods involved.

Is an OUI in Massachusetts a misdemeanor or felony charge?

In the Commonwealth of Massachusetts, an OUI is usually a misdemeanor crime. However,
a third or greater OUI conviction is a felony offenses. Refer to the table below for more information.

What type of penalties might I face if I am convicted of a
Massachusetts OUI charge?

Upon conviction of an Massachusetts OUI offense, a defendant can
receive a variety of penalties including alcohol education / treatment. A range of
minimum penalties is set forth below:

MASSACHUSETTS OUI / DUI PENALTIES

OUI CONVICTION

TYPICAL PENALTIES

FIRST OUI OFFENSE

IF YOUR LAWYER CAN NEGOTIATE A CONTINUANCE WITHOUT A FINDING
("CWOF"):

one year probation;

substantial fines and fees;

45 - 90 days Massachusetts license suspension.

SECOND OUI OFFENSE

IF YOUR LAWYER CAN NEGOTIATE A MINIMUM ALTERNATIVE DISPOSITION ON
YOUR BEHALF:

two years probation;

14 days in patient treatment program;

substantial fines and fees;

two year Massachusetts license suspension;

ignition interlock device required.

THIRD OUI OFFENSE

at least five to six months jail;

substantial fines and fees;

eight year Massachusetts license suspension;

ignition interlock device required.

OUI WHILE SUSPENDED FOR A PREVIOUS OUI

minimum one year house of correction sentence;

substantial fines and fees;

one year Massachusetts license suspension.

CHILD ENDANGERMENT WHILE OUI
(child under 14 in car while OUI)

at least 90 days house of correction sentence;

substantial fines and fees;

one year Massachusetts license suspension.

Note 1. If you are charged with
a first time OUI offense, you
may be eligible for a Continuation / Continuance Without a Finding or CWOF. A CWOF is not
a conviction but it will result in the same penalties as if you were found
guilty of the OUI. It is also considered a first offense if you get
arrested for a subsequent OUI, and it will cause enhanced penalties on any
future OUI conviction(s). A CWOF will stay on your record forever.

Will my defense lawyer be able to plea bargain / negotiate my
Massachusetts OUI charge
down to another (lesser) offense?

Possibly. Plea bargaining and charge reduction are two areas
that any experienced Massachusetts OUI lawyer would discuss with the prosecutor on the
client's behalf. Refer to the CWOF discussion in the table above and
the 24-D discussion below.

Will a Massachusetts OUI conviction go on "my driving record?"

Yes. An OUI conviction will go on your
Massachusetts driving record
and will stay on your record essentially forever.

Just how much jail time will I have to do if I am convicted of an
OUI in Massachusetts?

First time
offenders often receive little to no jail time following a Massachusetts OUI
conviction. However, generally speaking, the amount of
incarceration (jail or prison) received will depend on a number of factors,
including (but not limited to) the following:

• whether there
was a passenger especially a child in your car (especially a child under 14
yeaars);

• whether the
judge feels you have accepted responsibility for your actions.

What is meant by a Second Chance / 24-D disposition?

If you have a prior DUI / DWI / OUI offense that is more than 10 years old, your
lawyer may be able to convince the court to treat you OUI as a first offense
with first offense penalties.

I am licensed to drive in a state other than the Commonwealth of Massachusetts and I was cited for a
OUI / DUI in
Massachusetts. Will my driver license be suspended?

Massachusetts
only has the authority to suspend your right to drive in the Commonwealth of
Massachusetts.
Massachusetts
is NOT one of the 45 states (along withy the District of Columbia)
that are members of an agreement known as the "Driver License Compact."
These Compact states report out of state DUI type convictions to the driver's
home state. Keep in mind that even though
Massachusetts is not a member of the Drivers License Compact, your home state may
very well still learn of a
Massachusetts OUI conviction. If your home state does learn of
the conviction, they will generally take action to suspend or revoke your license.

If you are licensed in
Massachusetts and you are convicted of a DUI / DWI offense in
another state,
Massachusetts will take steps to suspend your license if
it learns of the out of state DUI conviction. If your Massachusetts
drivers license is suspended or revoked due to a suspension or revocation in
another state, you must be reinstated your right to drive in that state
before you can resolve any suspension / revocation in Massachusetts.
Once you have resolved the suspension or revocation in the other state, you must
bring either a reinstatement letter or a current driving record from the state
of suspension to any full service RMV office.

Will I have to install an Ignition Interlock Device on my car?

A ignition interlock device
(IID) is a breath alcohol measurement device that is connected to a motor
vehicle ignition. In order to start the motor vehicle, a driver must blow
a breath sample into the device which then measures alcohol concentration.
If the alcohol concentration exceeds the startup set point on the IID (0.02
percent), the motor vehicle will
not start.

Under new legislation (Melanie's law), you
will likely have to install an ignition interlock device in your car if you have
two or more OUI convictions. For a second or greater OUI conviction, you
will have to install an IID for the entire length of any hardship permit
and for the two years after you're eligible for reinstatement. If
you do not install the device, you will remain suspended. The court may
also order you to install an ignition interlock device under other
circumstances. Talk to your Massachusetts OUI lawyer to determine whether
this requirement applies to you.

My OUI involved a crash. Do I need to file an accident report?

An accident report is required in any crash where the damage to any one vehicle
or property is over $1000, or if there is an injury to any person. The report
should be filed within five days of the date of the collision.

I'm not a United States citizen. Will a Massachusetts OUI /
DUI conviction result in my removal from this country?

Probably not. Typical, run of the mill Massachusetts OUI offenses (no
priors; no injury accident) are not considered crimes of moral turpitude or
aggravated felonies resulting in removal. It is important to consult an
experienced immigration lawyer about your situation just as you should consult
with an experienced Massachusetts criminal defense lawyer about your pending OUI
charge.

Keep two points in mind. First, it is very important to answer honestly
all questions about prior arrests / convictions on immigration and Visa
applications and forms. Lying on these forms is often considered more
serious than any OUI conviction. Second, non-citizens must take extra care
not to drive on a suspended or revoked drivers license.

What will a Massachusetts OUI / DUI do to my insurability?

If your insurance
company finds out about your OUI one of two things are likely to
happen. Either your Massachusetts insurer will raise your rates or you may be
cancelled or non-renewed.

Are
there special concerns for licensed pilots who get a Massachusetts OUI?

Failing to appear (FTA) for court is to be avoided. When you miss a court
appearance, bad things happen. At a minimum, the Massachusetts court typically
issues a warrant for your arrest (sometimes known as a bench warrant). Talk to a
Massachusetts
attorney as soon as possible. You may have options; however, sometimes your only option is to turn
yourself in on the outstanding warrant. A new court date will then be
scheduled.

Can I represent myself in court on my Massachusetts OUI or other
criminal charge(s)?

Yes. You
have a constitutional right to represent yourself on any criminal offense no
matter how serious including a Massachusetts OUI charge. Keep in mind that
Massachusetts DUI defense is complex
as shown by the information in this website. If you cannot afford to
hire your own lawyer, you definitely should apply for court appointed counsel
to represent you. You have no right to court appointed counsel at the
administrative suspension proceeding.

Copyright 2013, 2012, 2011, 2010, 2009

Websites, including this one, provide general Massachusetts OUI / DUI information but do not
provide legal advice or create a lawyer /
client relationship. General information cannot replace legal advice
specific to your case, problem, or situation. Consult qualified
Drunk Driving - DUI - OUI lawyers / attorneys for advice about any
specific problem or drunk driving charge that you have. Massachusetts lawyers are governed by the
Massachusetts Rules of Professional Conduct. This website
may be considered an advertisement
for services under these Rules. Information contained in this website
is believed to be accurate but is not
warranted or guaranteed in any way. No lawyer associated with this website
is specialized or certified in any way. This site is not a solicitation
for attorney services; rather, it is purely informational. 2013.